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Re: janice shell post# 41615

Tuesday, 09/21/2010 4:01:26 PM

Tuesday, September 21, 2010 4:01:26 PM

Post# of 43413
Actually, if you read the complaint, the premises that he didn't exist is that he plead the fifth to most questions and that he "didn't" testify (e.g., plead the fifth) that he was involved with BIHC.

What the SEC needs to understand is they didn't name him as a defendant. That means that his invocation of the Fifth can't be used at trial.

It's perfectly legal for Burmaster and his companies to be the Reg D investor even as Brother in Law. The case law I read and the regulation state that you're an insider if you live with the person. There's no allegation they lived together.

To be fraudulent, the SEC must prove falsity and materiality. I am not sure if it would have been "material" if the press releases said, "Christian Gallo" or "Cris Galo."


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